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O. Reg. 119/24: EXEMPTIONS
filed March 25, 2024 under Police Record Checks Reform Act, 2015, S.O. 2015, c. 30
Skip to contentontario regulation 119/24
made under the
Police Record Checks Reform Act, 2015
Made: March 21, 2024
Filed: March 25, 2024
Published on e-Laws: March 25, 2024
Published in The Ontario Gazette: April 13, 2024
Amending O. Reg. 347/18
(EXEMPTIONS)
1. (1) Paragraph 1 of subsection 5 (1) of Ontario Regulation 347/18 is revoked and the following substituted:
1. A search for the purposes of screening a person who is being considered for any of the following positions, in order to determine the person’s suitability for the position:
i. A member of a police service.
ii. An employee of a police service board in a position other than as a member of a police service.
iii. An auxiliary member of a police service appointed under section 91 of the Community Safety and Policing Act, 2019 or a volunteer providing services to a police service.
iv. An appointment as a member of a police service board.
v. An appointment as a special constable under section 92 of the Community Safety and Policing Act, 2019.
vi. An appointment as a First Nation Officer under section 101 of the Community Safety and Policing Act, 2019.
vii. A position as an employee or volunteer working for a band or any other employer of First Nation Officers if the position supports or otherwise relates to the provision of policing.
viii. Any employee or any other person who has access to the Ontario Major Case Management Manual or the software that is approved under subsection 20 (1) of Ontario Regulation 394/23 (Major Case Management and Approved Software Requirements) made under the Community Safety and Policing Act, 2019.
(2) Paragraph 3 of subsection 5 (1) of the Regulation is amended by striking out “police services board” and substituting “police service board” and by striking out “First Nations Constables” and substituting “First Nation Officers”.
(3) The definitions of “member of a police force”, “police force” and “police services board” in subsection 5 (2) of the Regulation are revoked.
(4) Subsection 5 (2) of the Regulation is amended by adding the following definitions:
“member of a police service” means a member of a police service as defined in subsection 2 (1) of the Community Safety and Policing Act, 2019; (“membre d’un service de police”)
“police service” means a police service as defined in subsection 2 (1) of the Community Safety and Policing Act, 2019; (“service de police”)
“police service board” means a police service board as defined in subsection 2 (1) of the Community Safety and Policing Act, 2019. (“commission de services de police”)
2. Section 10 of the Regulation is revoked and the following substituted:
Complaints Director, deputy Complaints Director
10. (1) For the purposes of paragraph 9 of subsection 2 (2) of the Act, the Act does not apply in respect of the following searches:
1. A search for the purposes of screening a person who is being considered for appointment as the Complaints Director or a deputy Complaints Director under subsection 131 (1) of the Community Safety and Policing Act, 2019, in order to determine the person’s suitability for the appointment.
2. A search for the purposes of screening a person who has been appointed as the Complaints Director or a deputy Complaints Director in order to determine the suitability of the person continuing to hold the appointment.
(2) For searches conducted in relation to the Complaints Director or a deputy Complaints Director, a police service shall not release mental health contact information or street check information.
Commencement
3. This Regulation comes into force on the later of the day subsection 2 (1) of Schedule 1 (Community Safety and Policing Act, 2019) to the Comprehensive Ontario Police Services Act, 2019 comes into force and the day this Regulation is filed.